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Opinion

Cebu City versus Cebu Province

WHAT MATTERS MOST - Atty Josephus Jimenez - The Freeman

By this column we do not refer to the ongoing hullabaloo between the Provincial Capitol and City Hall on the supposed stoppage of the Bus Rapid Transit project. Mayor Mike Rama and Governor Gwen Garcia are both my friends, although my dream political konfrontasi is when Gov Gwen runs for mayor against Mayor Mike in 2025, or when Mayor Mike challenges the governorship of Governor Gwen in next elections. That will be the ultimate battle of champions.

The granting of the charter to Cebu City was the result of the efforts of the late Don Vicente Rama, the mayor’s grandfather, whose move to push for cityhood was allegedly opposed by the former governor of Cebu and the Osmeñas led by Don Sergio Osmeña who controlled the province. It was believed at those times that when the then municipality of Cebu would attain cityhood, the largest chunk of the provincial revenues from taxes and duties would be taken away from the province. But Don Vicente knew how to play his cards well. He approached President Manuel Quezon who supported Cebu’s cityhood and later appointed him as mayor.

From then on, there has been a rivalry between the province and the city. I remember when I was a Law student; Governor Eddie Gullas was my ninong. He appointed as provincial attorney my good friend Emmanuel "Tommy" Paquiao (not the boxer), a UV Gullas Law School graduate and 1975 Bar Exams third placer. The funny thing was that the Cebu City attorney was his father Nazario Paquiao. Since Cebu Province had a lot of civil cases against the city, the father and son saw legal battles in court. Tommy and I both studied in UV and worked in court. We used to hike together from City Hall to UV in the ‘70’s.

I know Tommy and his late dad had a falling out. Tommy was sent to SWU to study Medicine but he got married and ended up in UV. His dad was infuriated. Tommy ran away and became a court stenographer of the late Judge Romulo Senining. I was then court interpreter of Judge Eliseo Ynclino. But anyway, the cases between the city and the province were many. In the case of Province of Cebu vs. Spouses Galvez, GR 214115, decided by the Supreme Court February 15, 2023, the ruling was penned by my good friend and fellow UST and UV Law professor Justice Japar Dimaampao.

It was about some lots donated by the province to the city. Later on, Governor Rene Espina filed a case to revoke some of the donations. The problem was that innocent purchasers for value, the spouses Medina already spent millions developing the lots. At the crux of this Petition for Review on Certiorari are the Decision of the Court of Appeals (CA) in CA-GR CV No. 04281, affirming the Decision of Branch 10 of the Regional Trial Court of Cebu City, and the Resolution denying the motion for reconsideration of Cebu Province. The case arose from an action for specific performance with damages filed by spouses Victor and Catalina Galvez against petitioner, involving the subject realties located in Fuente Osmeña and Lahug, both in Cebu City.

This column neither has the space nor the time to discuss the details, but the High Court ruled against the province, upholding the valid donation from the province to the city and the sale by the city to the spouses Medina. However, the court deleted the award of moral and exemplary damages and also of attorney's fees. There was no evidence that the province acted in bad faith, much less in a wanton manner.

Today, Cebu Province and Cebu City have some issues. But as mature men and women the leaders are expected to set aside foolish pride and settle the matter amicably. Just like how Tommy Paquiao eventually reconciled with his father. All's well that ends well. Governor Gwen and Mayor Mike can drink a cup of tea in the lobby of some hotel and smoke the peace pipe for the good of all Cebuanos.

I can broker peace and I will bring the most expensive tea from Madagascar or Namibia or the most exotic coffee from Gibraltar and Monaco. I just came from these countries to do some consultations on deployment of OFWs. I wish both Cebu Province and Cebu City peace and more prosperity. Singapore-like with Melbourne features and a little of Monaco and Gibraltar.

CITY HALL

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